Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Dominant issue 1: Whether unexplained "on-money" from sale of units could be added where search produced loose slips but no corroborative evidence. Reasoning: The tribunal applied the principle in Umacharan Shaw that suspicion cannot substitute evidence and found the AO and CIT(A) relied on assumptions without corroboration; consequence-all on-money additions for the two projects were deleted. Dominant issue 2: Whether deemed rent under s.23(5) is exigible for unsold units. Reasoning: s.23(5) mandates deemed rent after two years from building-use permission and contains no carve-out for pre-enactment projects; absence of evidence of actual letting justified estimate; consequence-the deemed rent addition at 3% was sustained and that ground dismissed. - ITAT
Dominant issue 1: Whether unexplained "on-money" from sale of units could be added where search produced loose slips but no corroborative evidence. Reasoning: The tribunal applied the principle in Umacharan Shaw that suspicion cannot substitute evidence and found the AO and CIT(A) relied on assumptions without corroboration; consequence-all on-money additions for the two projects were deleted. Dominant issue 2: Whether deemed rent under s.23(5) is exigible for unsold units. Reasoning: s.23(5) mandates deemed rent after two years from building-use permission and contains no carve-out for pre-enactment projects; absence of evidence of actual letting justified estimate; consequence-the deemed rent addition at 3% was sustained and that ground dismissed. - ITAT
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